State v. Henderson, 2020 Ohio 3164

Ericulo Henderson was indicted on four counts arising from allegedly beating a child: felonious assault (2nd degree), endangering children (two counts: 2nd and 3rd degree), and a separate 3rd-degree child endangering count.
Before trial the state moved to amend one child-endangering count and to dismiss one of the third-degree endangering counts; the court granted the motions and dismissed that count.
A jury convicted Henderson on three remaining counts. The trial court found Counts One and Two merged with Count Three for sentencing and imposed an eight-year prison term on Count Three.
Henderson’s direct appeal raised multiple issues; this court affirmed his convictions. After that, Henderson filed a pro se "Motion to Correct Void Judgment" under Crim.R. 32.2 alleging the sentencing entry was void because the court failed to sentence on each count and that one count remained unresolved.
The trial court denied the motion. On appeal the Seventh District held the judgment entry satisfied the Lester requirements for a final, appealable order, merger permitted sentencing on only Count Three, and the dismissed count was not pending.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the judgment entry is final or void because the trial court did not impose a sentence on each charged count (Crim.R.32(C))	The entry contains the fact of conviction, sentence, judge's signature, and clerk's journal stamp; merger permitted sentencing only on the elected count.	The trial court had a mandatory duty to impose sentence on each individual charge; omission renders the judgment interlocutory/void.	Court held entry was final under State v. Lester and Crim.R.32(C); merger allowed sentencing on Count Three only, so judgment is not void.
Whether Count Four of the indictment remains pending because the court failed to resolve it	The state moved to amend/dismiss pretrial and the court granted those motions; the count was dismissed and/or amended and is not pending.	Henderson contends the trial court never resolved Count Four and it remains pending.	Court found the prior amendment/dismissal resolved the count; no pending charge remains.

State v. Lester, 958 N.E.2d 142 (Ohio 2011) (a judgment of conviction is final when it states fact of conviction, sentence, judge's signature, and clerk's journal entry)
State v. Brown, 895 N.E.2d 149 (Ohio 2008) (state elects which allied offense to pursue; court must merge the others for sentencing)
State v. Laross-Henderson, 108 N.E.3d 1105 (Ohio 2018) (direct-appeal history affirming convictions and discussing pretrial amendment/dismissal)